Qualification of Drivers; Exemption Applications; Vision, 57887-57889 [2021-22712]
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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Notices
are applicable as of November 6, 2021
and will expire on November 6, 2023.
As of November 28, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (72 FR 58362, 72
FR 67344, 74 FR 57553, 76 FR 70212,
80 FR 63869, 83 FR 3861, 84 FR 52585):
Robert W. Bequeaith (IA)
Loren H. Geiken (SD)
Amilton T. Monteiro (MA)
David G. Oakley (SC)
The drivers were included in docket
number FMCSA–2007–29019. Their
exemptions are applicable as of
November 28, 2021 and will expire on
November 28, 2023.
As of November 30, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (64
FR 27027, 64 FR 40404, 64 FR 51568,
64 FR 66962, 66 FR 63289, 68 FR 64944,
70 FR 67776, 72 FR 64273, 74 FR 62632,
76 FR 70215, 78 FR 64280, 80 FR 63869,
83 FR 3861, 84 FR 52585):
Terry J. Aldridge (MS)
Thomas E. Walsh (CA)
Kevin P. Weinhold (MA)
The drivers were included in docket
numbers FMCSA–1999–5578 and
FMCSA–1999–5748. Their exemptions
are applicable as of November 30, 2021
and will expire on November 30, 2023.
jspears on DSK121TN23PROD with NOTICES1
V. Conditions and Requirements
17:51 Oct 18, 2021
Jkt 256001
Federal Motor Carrier Safety
Administration
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click on the ‘‘Comment’’ button.
Follow the online instructions for
submitting comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, DOT,
1200 New Jersey Avenue SE, Room
W64–224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
[Docket No. FMCSA–2021–0012]
I. Public Participation
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 102
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the vision requirement in
§ 391.41(b)(10), subject to the
requirements cited above. In accordance
with 49 U.S.C. 31136(e) and 31315(b),
each exemption will be valid for two
years unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–22711 Filed 10–18–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
The exemptions are extended subject
to the following conditions: (1) Each
driver must undergo an annual physical
examination (a) by an ophthalmologist
or optometrist who attests that the
vision in the better eye continues to
meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified
medical examiner (ME), as defined by
§ 390.5, who attests that the driver is
otherwise physically qualified under
§ 391.41; (2) each driver must provide a
copy of the ophthalmologist’s or
optometrist’s report to the ME at the
time of the annual medical examination;
and (3) each driver must provide a copy
of the annual medical certification to
the employer for retention in the
driver’s qualification file or keep a copy
of his/her driver’s qualification if he/her
is self-employed. The driver must also
have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official. The exemption
will be rescinded if: (1) The person fails
VerDate Sep<11>2014
to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315(b).
57887
FMCSA announces receipt of
applications from eight individuals for
an exemption from the vision
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to
operate a commercial motor vehicle
(CMV) in interstate commerce. If
granted, the exemptions will enable
these individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before November 18, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0012 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0012, in the
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2021–0012),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
www.regulations.gov/docket?D=FMCSA2021-0012. Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
E:\FR\FM\19OCN1.SGM
19OCN1
57888
Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Notices
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0012, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between
9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
jspears on DSK121TN23PROD with NOTICES1
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its regulatory process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The eight individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in
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17:51 Oct 18, 2021
Jkt 256001
§ 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of
vision of at least 70° in the horizontal
meridian in each eye, and the ability to
recognize the colors of traffic signals
and devices showing standard red,
green, and amber.
On July 16, 1992, the Agency first
published the criteria for the Vision
Waiver Program, which listed the
conditions and reporting standards that
CMV drivers approved for participation
would need to meet (57 FR 31458). The
current Vision Exemption Program was
established in 1998, following the
enactment of amendments to the
statutes governing exemptions made by
§ 4007 of the Transportation Equity Act
for the 21st Century (TEA–21), Public
Law 105–178, 112 Stat. 107, 401 (June
9, 1998). Vision exemptions are
considered under the procedures
established in 49 CFR part 381 subpart
C, on a case-by-case basis upon
application by CMV drivers who do not
meet the vision standards of
§ 391.41(b)(10).
To qualify for an exemption from the
vision requirement, FMCSA requires a
person to present verifiable evidence
that he/she has driven a commercial
vehicle safely in intrastate commerce
with the vision deficiency for the past
three years. Recent driving performance
is especially important in evaluating
future safety, according to several
research studies designed to correlate
past and future driving performance.
Results of these studies support the
principle that the best predictor of
future performance by a driver is his/her
past record of crashes and traffic
violations. Copies of the studies may be
found at www.regulations.gov/
docket?D=FMCSA-1998-3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s former waiver study
program clearly demonstrated the
driving performance of experienced
monocular drivers in the program is
better than that of all CMV drivers
collectively.1 The fact that experienced
monocular drivers demonstrated safe
driving records in the waiver program
1 A thorough discussion of this issue may be
found in a FHWA final rule published in the
Federal Register on March 26, 1996 and available
on the internet at https://www.govinfo.gov/content/
pkg/FR-1996-03-26/pdf/96-7226.pdf.
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Fmt 4703
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supports a conclusion that other
monocular drivers, meeting the same
qualifying conditions as those required
by the waiver program, are also likely to
have adapted to their vision deficiency
and will continue to operate safely.
The first major research correlating
past and future performance was done
in England by Greenwood and Yule in
1920. Subsequent studies, building on
that model, concluded that crash rates
for the same individual exposed to
certain risks for two different time
periods vary only slightly (See Bates
and Neyman, University of California
Publications in Statistics, Apr. 1952).
Other studies demonstrated theories of
predicting crash proneness from crash
history coupled with other factors.
These factors—such as age, sex,
geographic location, mileage driven and
conviction history—are used every day
by insurance companies and motor
vehicle bureaus to predict the
probability of an individual
experiencing future crashes (See Weber,
Donald C., ‘‘Accident Rate Potential: An
Application of Multiple Regression
Analysis of a Poisson Process,’’ Journal
of American Statistical Association,
June 1971). A 1964 California Driver
Record Study prepared by the California
Department of Motor Vehicles
concluded that the best overall crash
predictor for both concurrent and
nonconcurrent events is the number of
single convictions. This study used 3
consecutive years of data, comparing the
experiences of drivers in the first 2 years
with their experiences in the final year.
III. Qualifications of Applicants
Ruben Ahuyon
Mr. Ahuyon, 42, has had amblyopia
in his right eye since childhood. The
visual acuity in his right eye is 20/150,
and in his left eye, 20/20. Following an
examination in 2021, his
ophthalmologist stated, ‘‘Mr. Ahuyon
has sufficient vision to perform
operations of a commercial vehicle.’’
Mr. Ahuyon reported that he has driven
straight trucks for 6 years, accumulating
420,000 miles. He holds an operator’s
license from Texas. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Victor N. Crisafulli
Mr. Crisafulli, 26, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/200. Following an
examination in 2021, his optometrist
stated, ‘‘Victor demonstrates sufficient
vision with glasses to perform tasks
required to operate a commercial
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vehicle.’’ Mr. Crisafulli reported that he
has driven straight trucks for 3 years,
accumulating 15,600 miles. He holds an
operator’s license from New York. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Roger Guin
Mr. Guin, 61, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an
examination in 2021, his optometrist
stated, ‘‘It is my considered opinion that
you have perfectly satisfactory vision to
perform driving tasks needed to operate
a commercial vehicle.’’ Mr. Guin
reported that he has driven tractortrailer combinations for 11 years,
accumulating 143,000 miles. He holds a
Class A CDL from North Carolina. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Michael H. Jorgensen
Mr. Jorgensen, 71, has a prosthetic left
eye due to a traumatic incident in 2010.
The visual acuity in his right eye is 20/
20, and in his left eye, no light
perception. Following an examination
in 2021, his optometrist stated, ‘‘He is,
in my opinion, safe to drive a
commercial motor vehicle as it pertains
to his eyesight.’’ Mr. Jorgensen reported
that he has driven straight trucks for 15
years, accumulating 675,000 miles and
tractor-trailer combinations for 53 years,
accumulating 4.505 million miles. He
holds a Class A CDL from Minnesota.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
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Alejandro V. Lopez
Mr. Lopez, 52, has a prosthetic left
eye due to a traumatic incident in 2001.
The visual acuity in his right eye is
20/20, and in his left eye, no light
perception. Following an examination
in 2021, his optometrist stated, ‘‘In my
medical opinion, there have been no
changes in vision to indicate he would
have any trouble with driving tasks
required to continued [sic] operation of
the same or similar commercial vehicle
that he has been safely operating since
the eye injury in 2001.’’ Mr. Lopez
reported that he has driven straight
trucks for 10 years, accumulating 40,000
miles. He holds an operator’s license
from California. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
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17:51 Oct 18, 2021
Jkt 256001
Jay D. May
Mr. May, 41, has a macular scar in his
left eye due to a traumatic incident in
2000. The visual acuity in his right eye
is 20/20, and in his left eye, 20/200.
Following an examination in 2021, his
optometrist stated, ‘‘I believe that Mr.
May has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. May reported
that he has driven straight trucks for 10
years, accumulating 26,000 miles and
tractor-trailer combinations for 15 years,
accumulating 675,000 miles. He holds a
Class A CDL from Arizona. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
John Robison
Kenneth P. Stephens
Mr. Stephens, 65, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/60. Following an
examination in 2021, his optometrist
stated, ‘‘It is my opinion that Ken
possesses all the visual skills necessary
to operate a commercial vehicle.’’ Mr.
Stephens reported that he has driven
tractor-trailer combinations for 24 years,
accumulating 720,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments and material received before
the close of business on the closing date
PO 00000
Frm 00088
Fmt 4703
indicated under the DATES section of the
notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–22712 Filed 10–18–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2021–0239]
Coastwise Endorsement Eligibility
Determination for a Foreign-Built
Vessel: AURORA (Motor); Invitation for
Public Comments
Sfmt 4703
Maritime Administration, DOT.
Notice.
AGENCY:
ACTION:
Mr. Robison, 53, has had a retinal
detachment in his right eye since an
incident in childhood. The visual acuity
in his right eye is 20/70, and in his left
eye, 20/25. Following an examination in
2021, his optometrist stated, ‘‘In my
opinion, Mr. White has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle with no
restrictions.’’ Mr. Robison reported that
he has driven straight trucks for 3 years,
accumulating 90,000 miles, and tractortrailer combinations for 27 years,
accumulating 2.34 million miles. He
holds a Class A CDL from Georgia. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
57889
The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to issue coastwise
endorsement eligibility determinations
for foreign-built vessels which will carry
no more than twelve passengers for hire.
A request for such a determination has
been received by MARAD. By this
notice, MARAD seeks comments from
interested parties as to any effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. Information about the
requestor’s vessel, including a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
November 18, 2021.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2021–0239 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Search
MARAD–2021–0239 and follow the
instructions for submitting comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2021–0239,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except on
Federal holidays.
SUMMARY:
Note: If you mail or hand-deliver your
comments, we recommend that you include
your name and a mailing address, an email
address, or a telephone number in the body
of your document so that we can contact you
if we have questions regarding your
submission.
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]]>Agencies
[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Pages 57887-57889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22712]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0012]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from eight individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.
DATES: Comments must be received on or before November 18, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0012 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0012, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday,
except Federal holidays. If you have questions regarding viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0012), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2021-0012. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an
[[Page 57888]]
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0012, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The eight individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding vision
found in Sec. 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec. 4007 of the Transportation
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat.
107, 401 (June 9, 1998). Vision exemptions are considered under the
procedures established in 49 CFR part 381 subpart C, on a case-by-case
basis upon application by CMV drivers who do not meet the vision
standards of Sec. 391.41(b)(10).
To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely in intrastate commerce with the vision
deficiency for the past three years. Recent driving performance is
especially important in evaluating future safety, according to several
research studies designed to correlate past and future driving
performance. Results of these studies support the principle that the
best predictor of future performance by a driver is his/her past record
of crashes and traffic violations. Copies of the studies may be found
at www.regulations.gov/docket?D=FMCSA-1998-3637.
FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's former
waiver study program clearly demonstrated the driving performance of
experienced monocular drivers in the program is better than that of all
CMV drivers collectively.\1\ The fact that experienced monocular
drivers demonstrated safe driving records in the waiver program
supports a conclusion that other monocular drivers, meeting the same
qualifying conditions as those required by the waiver program, are also
likely to have adapted to their vision deficiency and will continue to
operate safely.
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\1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, Apr. 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
III. Qualifications of Applicants
Ruben Ahuyon
Mr. Ahuyon, 42, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2021, his ophthalmologist stated, ``Mr.
Ahuyon has sufficient vision to perform operations of a commercial
vehicle.'' Mr. Ahuyon reported that he has driven straight trucks for 6
years, accumulating 420,000 miles. He holds an operator's license from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Victor N. Crisafulli
Mr. Crisafulli, 26, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2021, his optometrist stated,
``Victor demonstrates sufficient vision with glasses to perform tasks
required to operate a commercial
[[Page 57889]]
vehicle.'' Mr. Crisafulli reported that he has driven straight trucks
for 3 years, accumulating 15,600 miles. He holds an operator's license
from New York. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Roger Guin
Mr. Guin, 61, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2021, his optometrist stated, ``It is
my considered opinion that you have perfectly satisfactory vision to
perform driving tasks needed to operate a commercial vehicle.'' Mr.
Guin reported that he has driven tractor-trailer combinations for 11
years, accumulating 143,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Michael H. Jorgensen
Mr. Jorgensen, 71, has a prosthetic left eye due to a traumatic
incident in 2010. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2021,
his optometrist stated, ``He is, in my opinion, safe to drive a
commercial motor vehicle as it pertains to his eyesight.'' Mr.
Jorgensen reported that he has driven straight trucks for 15 years,
accumulating 675,000 miles and tractor-trailer combinations for 53
years, accumulating 4.505 million miles. He holds a Class A CDL from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Alejandro V. Lopez
Mr. Lopez, 52, has a prosthetic left eye due to a traumatic
incident in 2001. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2021,
his optometrist stated, ``In my medical opinion, there have been no
changes in vision to indicate he would have any trouble with driving
tasks required to continued [sic] operation of the same or similar
commercial vehicle that he has been safely operating since the eye
injury in 2001.'' Mr. Lopez reported that he has driven straight trucks
for 10 years, accumulating 40,000 miles. He holds an operator's license
from California. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Jay D. May
Mr. May, 41, has a macular scar in his left eye due to a traumatic
incident in 2000. The visual acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an examination in 2021, his optometrist
stated, ``I believe that Mr. May has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. May
reported that he has driven straight trucks for 10 years, accumulating
26,000 miles and tractor-trailer combinations for 15 years,
accumulating 675,000 miles. He holds a Class A CDL from Arizona. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
John Robison
Mr. Robison, 53, has had a retinal detachment in his right eye
since an incident in childhood. The visual acuity in his right eye is
20/70, and in his left eye, 20/25. Following an examination in 2021,
his optometrist stated, ``In my opinion, Mr. White has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle with no restrictions.'' Mr. Robison reported that he has driven
straight trucks for 3 years, accumulating 90,000 miles, and tractor-
trailer combinations for 27 years, accumulating 2.34 million miles. He
holds a Class A CDL from Georgia. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Kenneth P. Stephens
Mr. Stephens, 65, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/60. Following an examination in 2021, his optometrist stated,
``It is my opinion that Ken possesses all the visual skills necessary
to operate a commercial vehicle.'' Mr. Stephens reported that he has
driven tractor-trailer combinations for 24 years, accumulating 720,000
miles. He holds a Class A CDL from Iowa. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-22712 Filed 10-18-21; 8:45 am]
BILLING CODE 4910-EX-P
